POLICY REPORT
                           DEVELOPMENT AND BUILDING

                                           Date:  October 20, 1995
                                           Dept. File No.  PAJ

   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Billboards


   RECOMMENDATION

        A.   THAT the Director  of Legal Services be  instructed to prepare
             an amendment to the Sign By-law to no longer permit billboards
             in  the city,  and that  the By-law  be referred  to  a Public
             Hearing.

   As an alternative, the following is presented for CONSIDERATION.

        B.   THAT the  Director of Legal Services be  instructed to prepare
             an  amendment to the Sign  By-law to simplify  and clarify the
             regulations which permit billboards in  the city, and that the
             By-law be referred to a Public Hearing.

   GENERAL MANAGER'S COMMENTS

        The General Manager of Community  Services RECOMMENDS approval of A
        and puts forward B for CONSIDERATION in place of A.

   COUNCIL POLICY

   Council policy, as reflected in the  Sign By-law, is to allow billboards
   in several  commercial and all  industrial zoning districts,  subject to
   location, spacing, height and size restrictions.

   Council policy with respect to billboards on City-owned sites controlled
   by  Real  Estate Services  is to  permit  renewal of  existing billboard
   leases but not to enter into any new leases.

   SUMMARY

   If the Sign  By-law is to continue  to permit billboards,  the billboard
   regulations  must  be  simplified  and clarified  to  eliminate  endless
   discussions   taking  place   between  staff   and  billboard   industry
   representatives on by-law interpretation, to ensure that the regulations
   are  applied consistently  and  fairly, to  streamline billboard  permit
   processing and to free up staff time for processing other sign permits.
                                     - 2 -


   However, staff feel that the time has come for Vancouver  to get in line
   with its  neighbouring municipalities  and no longer  permit billboards.
   Consequently, staff  recommend  an  amendment  to  the  Sign  By-law  to
   prohibit new billboards.   If Council  disagrees with RECOMMENDATION  A,
   staff  believe  amendments  are  needed  to  simplify  and  clarify  the
   billboard regulations, as set out in CONSIDERATION B.

   PURPOSE

   This  report recommends that Council  amend the Sign  By-law to prohibit
   any new billboard signs in the City of Vancouver.

   BACKGROUND

   Vancouver's  neighbouring  municipalities  (Burnaby,   New  Westminster,
   Richmond,  Delta,   Surrey,  Coquitlam,  Port  Moody,   North  and  West
   Vancouver) all prohibit  billboards.  According to  a billboard industry
   representative, Vancouver  is  one of  only four  municipalities in  the
   entire  Province  which allows  new  billboards  (Nanaimo, Kamloops  and
   Prince George being the others).

   Billboards are permitted  in four C  (commercial) districts, DD,  BCPED,
   all M and I (industrial) districts, and any CD-1 district which has been
   assigned to one  of the  above districts for  sign regulation  purposes.
   Some restrictions apply which prohibit billboards on portions of Georgia
   and Burrard Streets,  above bridge decks and  ramps, and above  the ALRT
   guideway.

   Until a few years ago, the billboard industry in Vancouver was dominated
   by one company,  Seaboard Advertising Company.  There  are now two other
   companies  in the Vancouver market.  The competition for billboard sites
   has  led to innumerable challenges of staff's interpretation of the Sign
   By-law billboard regulations, and an increasing number of appeals to the
   Board of  Variance.   From  January to  mid-October 1995,  the Board  of
   Variance heard  19 billboard appeals, all but  one of which were opposed
   by staff.  Seven appeals were allowed.  In the same period, sign permits
   for 49 billboards were issued, and 22 were refused, or  withdrawn due to
   non-compliance with By-law regulations.

   Planning and Permits and Licenses staff are very concerned about what is
   happening  with  billboard applications  and  permits.   These  concerns
   include:

   -    the amount of time required  to process billboard sign applications
        (estimated at a minimum of  four hours per application) due to  the
        need  to site check each  application because staff  cannot rely on
        the applicant's submitted information;
                                     - 3 -


   -    the  amount  of  time  required  to  explain  and   defend  staff's
        interpretation of  the By-law's  regulations, often in  response to
        one  billboard company  questioning why  a permit  was issued  to a
        competing company;

   -    the  effect  that  billboard  processing  time  is  having  on  the
        processing of other sign applications;

   -    the  uncertainty  about  whether  staff's   interpretation  of  the
        billboard regulations is enforceable; and

   -    the visual impact  of billboards  on the  city in  general, and  on
        residential   developments  which   are  increasingly   located  in
        districts which allow billboards.

   Section 10.3 of the  Sign By-law, which contains most of the regulations
   which apply to  billboards, is attached as Appendix A.   The regulations
   which are causing the most interpretive problems are  flagged with a dot
   in the  left margin, and  examples of the  problems are given  below the
   regulations.

   DISCUSSION

   If  the Sign  By-law is to  continue to  permit billboards,  many of the
   billboard regulations need to  be rewritten to remove ambiguity  and the
   need for staff interpretations, and to ensure that Council's intent with
   respect to billboards is clearly articulated.

   However,  before staff spend time rewriting the regulations, staff would

   like  Council  to  consider whether  it  wishes  to  continue to  permit
   billboards   in  the   city.     If   Council  disagrees   with  staff's
   recommendation  to prohibit billboards, staff will undertake the work to
   bring  forward recommended amendments to  the By-law to allow billboards
   to continue to be permitted.

   Billboards  are one  of only two  types of  signs permitted  in the city
   which  can  contain  exclusively  third-party advertising.    (Signs  in
   conjunction with a  mural are  also permitted to  be exclusively  third-
   party advertising but the sign is limited  to ten percent of the area of
   the  mural.  Council also allowed  various third-party advertising signs
   for GM  Place.)  Third-party advertising refers  to the advertising of a
   product or service which is not available on  the site at which the sign
   is located.   The restriction on third-party  advertising is based  on a
   fundamental  principle  of the  Sign By-law  that  the main  function of
   signage is to identify the location of  a business or organization, with
   advertising a secondary benefit.  - 4 -


   Billboards are  considerably larger than  most other permitted  signs in
   the city.  Because of their  cost, most billboard advertisements are for
   multi-national   or  national   businesses  (McDonald's,   Air  Canada).
   However, some  are for local  developments and events  (Oakridge Centre,
   Showboat), and charitable organizations (United Way).

   Billboards utilize  public streets for  advertising purposes.   The City
   has committed  significant staff resources to  improving streets through
   design control of  private developments, and  by requiring or  providing
   street  trees, decorative paving, and street  furniture.  Staff question
   whether  continued  allowance of  large,  often   unsightly  third-party
   advertising signage is consistent with other public realm objectives and
   efforts.

   Staff note that  there are no  discretionary provisions in the  Sign By-
   law.   Consequently, a billboard permit cannot be refused because of the
   billboard's  negative  impact  on  the streetscape,  views  or  adjacent
   residential  development,   if  the   billboard  complies   with  By-law
   regulations.   It will be difficult to draft billboard regulations which
   will  prevent all future undesirable situations, even if the regulations
   are more restrictive than present.  In staff's view, billboards have  no
   public  benefit to justify the  erection of such  large, often unsightly
   signage which  uses  city streets  and lanes  for advertising  purposes.
   (Bus shelters,  on the  other  hand, which  also contain  billboard-type
   advertising,  do provide a public  benefit by way  of weather protection
   and seating for transit users.)

   Staff also question  whether it  is reasonable to  continue to  prohibit
   first-party signage on the side of a mid-block building when a billboard
   is allowed there.  The prohibition of first-party signs on  the sides of
   mid-block  buildings  was  intended  to  reduce  sign  proliferation  by
   limiting signage to street frontages,  and to businesses occupying  that
   frontage.   However, this  objective  is undermined  in those  districts
   where billboards are permitted.

   Staff also note that billboards are increasingly across  from or near to
   residential developments  since there  is no regulation  which prohibits
   billboards close  to  residential premises.    Staff have  recently  had
   complaints from the strata-corporation of two major developments about a
   new billboard constructed across  the street.  The impact  of billboards
   on residential premises will become more widespread as residential units
   are added  in areas which  permit billboards  such as  Downtown and  the
   Marathon and Concord-Pacific lands.
                                     - 5 -


   On the other  hand, staff recognise that the billboard  industry will be
   significantly affected if no new billboard are allowed.   In addition to

   opposition from  billboard companies,  Council can expect  the companies
   and  organizations who  advertise  on  billboards, including  charitable
   organizations,  to  oppose  any   amendment  which  would  prohibit  new
   billboards.

   However,  staff  feel  that  the negative  visual  impact  of billboards
   outweighs their benefits and consequently recommend that an amendment to
   the  Sign By-law to prohibit  billboards be referred  to Public Hearing.
   The billboard industry, and  companies and organizations which advertise
   on billboards, would be given the  opportunity to present their case for
   billboards  at the Public  Hearing.  If Council  decides not to prohibit
   billboards  at  the Public  Hearing,  staff  would subsequently  prepare
   recommended  amendments  to  simplify  the  billboard   regulations  for
   consideration at a future Public Hearing.

   Staff are not recommending that Council order removal of  non-conforming
   billboards.   While Council has  the power to  order the removal  of any
   sign  that has been  non-conforming for more  than five years  (and many
   existing billboards are non-conforming to current regulations), staff do
   not  feel forced  removal  is warranted  since  site redevelopment  will
   reduce the number of billboards over time.  However, Council could order
   removal  at any time in the future,  and should Council amend the By-law
   to prohibit billboards,  all billboards would be  non-conforming in five
   years and subject to Council's powers of removal.

   City  revenues   from  billboards  on  City-owned  sites  (approximately
   $100,000 a year) would not be affected  by a prohibition amendment since
   staff  are  not recommending  that existing  billboards be  removed, and
   Council  policy  is  not to  allow  new  billboards  on City-owned  land
   controlled by Real Estate Services.

   CONCLUSION

   Staff recommend  that the  Sign  By-law be  amended to  no longer  allow
   billboards.   If  Council  disagrees with  RECOMMENDATION  A, staff  put
   forward as CONSIDERATION  B, amendments  to the By-law  to simplify  the
   billboard  regulations  to  remove  ambiguity and  to  enable  billboard
   applications to be processed efficiently and fairly.          APPENDIX A
                                                                Page 1 of 3

                       SIGN BY-LAW BILLBOARD REGULATIONS
             (- Indicates regulations which are causing problems.
                Explanation of problems follows regulations)   

   10.3      Billboards

   10.3.1    Number

             No more than four  billboards in respect of any site  shall be
             permitted, provided that each may  have two copy areas mounted
             back to back and be indexed.

   10.3.2    Location and Spacing

             (a)  A billboard shall not encroach over a street;

   -         (b)  A  billboard shall not be located closer to a street than
                  the front  face  of  the nearest  building  or  beyond  a
                  straight line drawn between the nearest points of any two
                  separate  building  faces fronting  the  street  when the
                  billboard is located between the two buildings;

             PROBLEMS:

                  1.   What  is meant  by "front  face", particularly  on a
                       corner site?

                  2.   In  drawing a  line  between two  separate  building
                       faces, how far afield should regulation apply if the
                       buildings are located  a long way from each  other -
                       across a street, more than a city block?

   -         (c)  A single-faced  billboard shall be located  not more than
                  2 m from the wall of a building and shall be parallel  to
                  such wall,  except that this distance may be increased up
                  to  7.5 m  where  the  back  face  of  the  billboard  is
                  constructed with  an  outer  finish  which  conceals  all
                  structural components;

             PROBLEM:

                  1.   To get around this regulation and Section 10.3.2(e),
                       on next page, a double-faced billboard angled to the
                       wall was  proposed, even though the back face of the
                       billboard was not visible to anyone.

   -         (d)  The spacing between billboards on the same street, facing
                  the  same  traffic flow,  shall be  not  less than  90 m,
                  measured along the street;                     APPENDIX A
                                                                Page 2 of 3
             PROBLEMS:

                  1.   What  is  meant  by   "facing"  traffic  flow  -  do
                       billboards placed parallel to a street  face traffic
                       flow?

                  2.   On corner sites, what determines the street on which
                       the billboard is located - orientation of billboard?
                       distance   to  closest   street?     orientation  of
                       buildings, if there are any?   street to which  site
                       is assigned for addressing purposes?

             (e)  A billboard shall be located no closer than:

                  (i)  60 m,  measured perpendicularly  to the face  of the
                       billboards at its midpoint, to  any Residential Area
                       as identified in Section 9.2;

                  (ii) 5 m to a street when the sign face is parallel to or
                       forms  an angle  of less than  30 degrees  with such
                       street;

                  (iii)     30 m to any parking lot advertising sign; and

                  (iv) 15 m to any sign located in a bus shelter;

             (f)  A wall mounted billboard shall  project not more than 600
                  mm, excluding externally mounted lighting.

   10.3.3    Height and Clearance

             The height of a billboard shall not exceed:

             (a)  7 m,  except that where  it exceeds 6.25  m in height  it
                  shall not exceed 3.7 m in width and shall incorporate all
                  electrical servicing wholly within the sign;

   -         (b)  the height of the front roof line of any  building on the
                  same  site  or  an adjacent  site,  with  or  without the
                  intervention of a lane, whichever is less; and

             PROBLEMS:

                  1.   What  is meant by "front roof line" and can there be
                       more than one on a building?

                  2.   Can a billboard  not exceed the  front roof line  of
                       the  lowest  building on  a  site  even though  that
                       building may be  far away?  - e.g., the  PNE is  one
                       site with a variety of building heights?  APPENDIX A
                                                                Page 3 of 3

                  3.   What is meant  by "an adjacent  site" and how  close
                       does it have to be - within the same block? across a
                       street?

   -         (c)  300 mm above any side or  rear roof line of any  building
                  on  the same site or an adjacent site, when the billboard
                  is within 5 m of the building.

             PROBLEM:

                  1.   Same as above for front roof line, but applicable to
                       side and rear roof lines.


   10.3.4    Area and Dimensions

             The sign area of a billboard shall not exceed 21.5 m›.

   10.3.5    Landscaping
    
             A landscaped  planter  the width  of  the billboard  shall  be
             provided and maintained  for any billboard exceeding 6.25 m in
             height  unless  the Director  of  Planning  is satisfied  that
             suitable landscaping already exists  where the billboard is to
             be  placed.   For all other  billboards, landscaping  shall be
             provided and maintained to the satisfaction of the Director of
             Planning.